Shriram Finance Limited v. Arvind Prabhakar Kulkarni
Case brief
What is this about?
Unilateral appointment of sole arbitrator — void ab initio — arbitral awards set aside at execution stage — Bhadra International (India) Pvt. Ltd. and Others v. Airports Authority of India, 2026 SCC Online SC 7 — Section 12(5) proviso, Arbitration and Conciliation Act 1996 — waiver of ineligibility — fresh arbitration permitted — limitation exclusion from invocation — Bombay High Court, Ordinary Original Civil Jurisdiction, Abhay Ahuja J — batch Commercial Execution Applications / Execution Applications dismissed / disposed.
What did the court decide?
The respective arbitral awards stand set aside; the Commercial Execution Applications / Execution Applications and the connected Interim Applications and Chamber Summons, if any, stand dismissed / disposed; parties are at liberty to initiate fresh arbitration proceedings with exclusion of the period from invocation till the order date, and with liberty to apply where an express written waiver under the proviso to Section 12(5) exists.